We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.

BIDEN SUPPORTS EQUAL ACT, NEW POT POLICY NEARS

In a Presidential “Fact Sheet” issued last week, President Joe Biden  again called on Congress “to end once and for all the racially discriminatory crack-powder cocaine sentencing disparity and make the change fully retroactive. This step would provide immediate sentencing relief to the 10,000 individuals, more than 90% of whom are Black, currently serving time in federal prison pursuant to the crack/powder disparity. The Administration has urged the swift passage of the EQUAL Act.”

The EQUAL Act has been introduced in the House of Representatives as H.R. 1062 and in the Senate as S. 524.

Attorney General Merrick Garland told the Senate Judiciary Committee last Wednesday that the Dept of Justice is “still working on a marijuana policy” and that federal health officials are currently taking the lead on a broader review of marijuana’s federal scheduling status that President Joe Biden called for last October 6th.

The policy will “be very close to what was done in the Cole Memorandum,” Garland said, referring to an Obama-era policy that directed federal prosecutors generally to not interfere with state pot laws but which was later rescinded by the Trump administration. “We’re not quite done” with the marijuana policy review, Garland said, telling the Committee that finalizing a memo on crack cocaine prosecutions was a more pressing priority.

Garland also said that the process surrounding pardons that Biden granted to people who have committed cannabis possession offenses is “still working its way through the system to get the final certificates” to people so they can demonstrate they were given the presidential relief.

Two days later, DOJ announced that people eligible for the Biden pardon can now begin applying for a “certificate of proof” showing that they have been forgiven for the offense. The online application is run through the DOJ Office of the Pardon Attorney web page.

White House, Fact Sheet: The Biden-⁠Harris Administration Advances Equity and Opportunity for Black Americans and Communities Across the Country (February 27, 2023)

Marijuana Moment, Biden’s Attorney General Says DOJ Is ‘Still Working On’ Federal Marijuana Policy Approach (March 1, 2023)

CNN, Biden administration officially opens pardon request application for federal offenses of simple marijuana possession (March 3, 2023)

– Thomas L. Root